The Fiduciary Duty Of Dissent
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Author | : Andrew Lynch |
Publisher | : Cambridge University Press |
Total Pages | : 393 |
Release | : 2016-09-08 |
Genre | : Law |
ISBN | : 1107158532 |
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
Author | : D. Gordon Smith |
Publisher | : Edward Elgar Publishing |
Total Pages | : 471 |
Release | : |
Genre | : Electronic books |
ISBN | : 1784714836 |
The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.
Author | : Tamar Frankel |
Publisher | : |
Total Pages | : 334 |
Release | : 2011 |
Genre | : Law |
ISBN | : 019539156X |
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Author | : Arthur Fleischer |
Publisher | : Aspen Publishers |
Total Pages | : 850 |
Release | : 1990 |
Genre | : Business & Economics |
ISBN | : |
Author | : Ḥanokh Dagan |
Publisher | : Cambridge University Press |
Total Pages | : 402 |
Release | : 2004-08-12 |
Genre | : Business & Economics |
ISBN | : 9780521829045 |
This 2004 book provides acomprehensive account of the American law of restitution.
Author | : Jerry Menikoff |
Publisher | : Georgetown University Press |
Total Pages | : 520 |
Release | : 2002-02-07 |
Genre | : Law |
ISBN | : 9780878408399 |
This text on the field of bioethics and the law is designed for readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, it covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care and organ transplantation. Structured like a legal casebook, it includes the text of almost all the landmark cases that have shaped bioethics. It offers commentary on each of these cases, as well as an introduction to the US legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, should find this book a useful resource.
Author | : A. J. Oakley |
Publisher | : Oxford University Press |
Total Pages | : 390 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780198262862 |
Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.
Author | : Andrew Lynch |
Publisher | : Cambridge University Press |
Total Pages | : 393 |
Release | : 2016-09-08 |
Genre | : Law |
ISBN | : 1108132804 |
When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.
Author | : Evan J. Criddle |
Publisher | : Cambridge University Press |
Total Pages | : 677 |
Release | : 2018-11-15 |
Genre | : Law |
ISBN | : 1108680011 |
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
Author | : Douglas Fee |
Publisher | : |
Total Pages | : 52 |
Release | : 1984 |
Genre | : Agriculture, Cooperative |
ISBN | : |